Since its establishment under the Immigration and Nationality Act (INA) in 1986,1 the visa waiver program (VWP) has been a boon for international tourism and the U.S. economy. However, the VWP that was designed to enable the ease of travel is about to change. In the wake of the recent terrorist attacks in Paris and San Bernardino, Calif., Congress has set forth substantial modifications to the existing VWP to address heightened national security concerns. These changes, although commensurate with the threat of terrorism, could unintentionally impact the U.S. economy and foreign relations as well as potentially restrict the ease of international travel by U.S. citizens to VWP partner countries.

The Visa Waiver Program

As it stands, the VWP permits citizens of 38 participating countries to travel to the United States for a period of up to 90 days—for business or pleasure—without first having to obtain a visa from a U.S. consulate abroad.2 The Attorney General, in consultation with the Secretary of State, designates participating countries in the VWP.3 In addition to sharing agreed upon enhanced law enforcement, counterterrorism and data-sharing security standards for admissions, participating countries also offer reciprocal privileges to citizens and nationals of the United States.4 Consequently, not only does the VWP enable the free flow of travel to help facilitate international commerce and tourism, it also strengthens our border security as well as reinforces U.S. foreign relations.

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